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David A. Fusco

Partner
+1.412.355.6361
Fax +1.412.355.6501
David Fusco is a partner in our Pittsburgh office practicing in the litigation and dispute resolution group. He concentrates his practice in the areas of complex commercial litigation, product liability, and mass tort, with an emphasis on defending claims related to alleged exposure to toxic substances. As a part of his litigation practice, he has defended claims involving exposure to asbestos, benzene, dioxins and furans, polycyclic aromatic hydrocarbons (PAHs), and talc, among other substances. Mr. Fusco is particularly experienced in implementing innovative defense strategies in asbestos claims and has tried cases to verdict in Georgia, New York, Pennsylvania, and South Carolina. He has also served as trial counsel for cases in Alabama, Connecticut, Illinois, Louisiana, Missouri, and West Virginia. In defending his clients, Mr. Fusco has conducted hundreds of expert depositions across various scientific disciplines, including disease causation, epidemiology, exposure assessment, industrial hygiene, pathological diagnosis, pulmonary function, and toxicology. He has also argued numerous Daubert and Frye motions regarding the admissibility of expert testimony in federal and state courts throughout the United States.

Professional Background

Mr. Fusco served as Senior Assistant to the Chief of Staff in the Office of the Governor for the State of West Virginia from 2002 until 2004 where he worked with administration officials to develop and implement various policy initiatives.

Mr. Fusco spent his final semester of law school working as a judicial clerk for the Honorable Robert B. King, Circuit Judge for the United States Court of Appeals for the Fourth Circuit. He also worked as a judicial clerk for the Honorable Irene M. Keeley, Chief Judge for the United States District Court for the Northern District of West Virginia, during the summer of 2005.

Additional Information

Publications
  • The Constitutional Issue Hidden Within a Circuit Split: Double Jeopardy in the Context of Proving Predicate Offenses, 4 Seton Hall Cir. Rev. 265 (2008).
  • Served as a national trial team leader coordinating expert and trial defense strategies for equipment manufacturer with thousands of asbestos claims pending throughout the United States.
  • Served as national coordinating counsel for industrial premises owners facing asbestos claims pending in multiple jurisdictions.
  • Represented global chemical company in the defense of class action claims related to alleged exposures from various toxic substances.
  • Represented manufacturer of hydroforming equipment in claims related to alleged deceptive sales practices and defective design.
  • Represented national financial institution in claims related to alleged violations of the West Virginia Consumer Credit and Protection Act.
  • Counseled regional financial institution regarding investigation of former outside counsel’s conduct.
  • Pro Bono: Represented indigent client in civil claim involving self defense related to a physical altercation resulting in significant bodily injury.
  • Obtained defense verdict for equipment manufacturer with alleged asbestos liabilities following three-week trial in Chatham County, Georgia.
  • Served as trial counsel for equipment manufacturer with alleged asbestos liabilities in Philadelphia County, Pennsylvania, case dismissed at trial following successful argument of motion to exclude evidence of liability for third-party products.
  • Successfully argued motion to exclude evidence of liability for third-party products from being used against equipment manufacturer with alleged asbestos liabilities in Philadelphia County, Pennsylvania, trial that resulted in defense verdict.
  • Served as trial counsel for equipment manufacturer with alleged asbestos liabilities in Philadelphia County, Pennsylvania, case dismissed by plaintiff following favorable jury verdict.
  • Served as trial counsel for equipment manufacturer with alleged asbestos liabilities in Erie County, New York, case resulting in favorable jury verdict.
  • Served as trial counsel for equipment manufacturer with alleged asbestos liabilities in Erie County, New York, case dismissed during plaintiff's case in chief.
  • Successfully argued Daubert motion to exclude causation testimony from plaintiff's medical expert in asbestos case pending in the United States District Court for the Northern District of Illinois. Krik v. Owens-Illinois, Inc., No. 10-cv-07435, 2015 WL 5050143 (N.D. Ill. Aug. 25, 2015), aff'd, 870 F.3d 669 (7th Cir. 2017).
  • Successfully cross examined plaintiff's medical causation expert during Daubert hearing in asbestos case pending in the United States District Court for the District of South Carolina, which resulted in exclusion of expert's testimony and dismissal at summary judgment. Haskins v. 3M Company, No. 2:15-cv-2123-DCN, 2017 WL 3118017, at *6 n.8 (D.S.C. July 21, 2017).